Guidelines for employers liability
The following should be used as a guideline when deciding whether your employer is at fault:
- Your employer has a responsibility and duty of care to protect their employees as well as any contractors and visitors from accidents and injuries.
- Employers must provide their employees with the appropriate machinery and tools to allow them to undertake their jobs safely.
- Employers must also make sure that all tools and machinery are maintained to a safe condition and all safeguards are working correctly.
- Your employer must ensure the workplace is kept in a safe and tidy condition. This means employers should ensure their employees are provided with suitable workstations and chairs where applicable. Doors, gates and emergency exits should never be obstructed and all corridors, floors and carpets should be free from hazards.
- All employers should ensure their employees are provided with the correct and appropriate training for their jobs and should receive training on how to lift heavy objects and operate machinery where necessary.
- Employers should ensure their employees are provided with all and any appropriate safety gear. This may include ear defenders, goggles, coveralls, dust masks, safety gloves and boots and high-visibility jackets.
If your employer fails to ensure your safety by not following any of the outlined procedures and you are injured as a result, you could be eligible for compensation. If you are injured whilst at work, there is no need to worry about losing your job by making a compensation claim as your employer is legally obliged to have worker compensation insurance. This means the compensation will come out of their insurance policy rather than their own pocket.
What is worker compensation insurance?
All employers are required to have comprehensive worker compensation insurance to protect themselves and their employers in the event of an accident at work. Worker compensation insurance pays for any compensation claims, meaning in the event of an accident and where a claim is filed the insurance policy pays the compensation ensuring the employer does not have to pay for it personally or through company funds.
What if my employer has gone bankrupt?
As long as your employer was insured at the time of the incident, the worker compensation insurance policy will still cover a compensation claim, even if they are no longer in business.
What happens if I am injured?
If you are injured at work, contact us as soon as possible. A claim will have to be made against your employer who will then pass this on to their insurance provider. Their insurance provider will no doubt do everything they can to try and avoid paying out and will often ignore a claim unless a solicitor is involved. This is why it is so important to contact our specialist accident at work solicitors. We have years of experience in dealing with accident at work claims, especially where an employer is to blame.
Why should I claim?
An accident at work compensation claim helps pay for any loss of earnings should you be unable to work due to your injuries as well as any medical treatments you may need as a result. It also helps pave the way for new safety measures to be introduced, potentially saving others from injury as your employer will then be required to take the appropriate steps to ensure an accident does not happen again.
Your employer cannot dismiss you for making a claim, so there is no need to worry about losing your job should you be able to return to work.
For expert advice on accident at work compensation claims or to speak to an expert about employer liability contact the specialist accident at work compensation claim solicitors at Stephensons on 0203 816 0065. We’re here to help and your best interests are at the heart of everything we do.